Have you been arrested on charges of statutory rape? Pennsylvania law makes it illegal for a person to engage in sexual intercourse with someone under the age of consent, even if they voluntarily agree to it or lie about their age. Since statutory rape charges can arise from a voluntary sexual act, an arrest can seem shocking and confusing. You need experienced legal counsel to help you understand the charges and prepare you to face the criminal justice system.
Since 2005, The Zeiger Firm has provided zealous criminal defense to clients throughout Philadelphia. Our firm has extensive experience with the Pennsylvania criminal justice system, representing clients facing charges ranging from misdemeanors to the most severe felonies. We’ve earned a reputation for providing aggressive legal representation for our clients, always willing to take a case to trial if necessary to obtain justice. Our meticulous attention to detail and preparation enables us to fight for favorable outcomes for our clients.
If you’ve been charged with statutory rape in Philadelphia, an experienced criminal defense attorney can advocate for your rights and stand up for you. Contact The Zeiger Firm today for a free initial consultation with a hard-hitting statutory rape lawyer.
Understanding Statutory Rape Cases
Statutory rape, called statutory sexual assault under Pennsylvania law, prohibits sexual intercourse with persons under the age of consent in Pennsylvania, which is 16. A person can commit statutory rape by having sex with someone under 16, even if the individual voluntarily participates in the act. Having intercourse with an underage person violates the law based on the assumption that those under 16 lack the capacity to consent to the sexual act.
Pennsylvania’s statutory sexual assault criminal statute, 18 Pa.C.S. §3122.1, makes it illegal for a person to engage in sexual intercourse with someone under 16 who is not their spouse when the defendant is either:
- Four years older but less than eight years older than the alleged victim or;
- Eight years older but less than 11 years older than the alleged victim
Pennsylvania law grades statutory rape as a second-degree felony or first-degree felony, depending on the circumstances. The offense becomes a first-degree felony if the accused engages in sexual intercourse with someone under 16 or is 11 or more years older than the alleged victim. You cannot be charged with statutory rape if the accused is married to you.
Pennsylvania also has the separate, more serious criminal offense of rape of a child, under 18 Pa.C.S. §3121(c). This offense occurs when a person engages in sexual intercourse with a child under 13, regardless of the age gap between the parties.
In Pennsylvania, a conviction for second-degree felony statutory sexual assault carries a maximum penalty of 10 years in prison and a fine of up to $25,000. A first-degree statutory sexual assault conviction carries a maximum penalty of 20 years in prison and a fine of up to $25,000. A conviction for rape of a child carries a maximum penalty of 40 years in prison or life imprisonment if the child victim suffers serious bodily injury. You will also be required to register as a sex offender.
How an Experienced Criminal Defense Lawyer Can Help
The Commonwealth has numerous law enforcement investigators and prosecutors to pursue convictions in statutory rape cases. Hiring an experienced criminal defense lawyer after being charged with statutory rape in Philadelphia will give you the best chance of securing a more favorable resolution. A criminal defense lawyer can stand up for you throughout your case, including protecting your interests if police unlawfully searched or questioned you in violation of your rights.
Always seek a criminal defense attorney with experience representing clients facing statutory rape charges. They will know what it takes to develop an effective defense strategy to minimize the consequences of your arrest and prosecution.
Statute of Limitations for Statutory Rape
Under Pennsylvania’s criminal statute of limitations at 42 Pa.C.S. §5552(b.1), the Commonwealth must usually prosecute statutory rape within 12 years after the unlawful sexual act occurs.
The limitations period for sex crimes in Pennsylvania is subject to exceptions, and the laws change often. Consulting an experienced statutory rape lawyer is critical to establish how the statute of limitations applies in your situation.
Defenses to a Pennsylvania Statutory Rape Charge
If you’ve been arrested and charged with statutory rape, a carefully tailored legal strategy can help you face your charges and pursue a favorable resolution. A criminal defense lawyer will thoroughly investigate your case and the circumstances of your arrest to identify potential defenses.
Possible defenses to a statutory rape charge include:
- You didn’t have sexual contact with the accuser.
- The alleged victim was at or above the age of consent when the act occurred.
- You have been falsely accused.
- The Romeo and Juliet exception applies. This law recognizes that teens close in age may engage in consensual sexual activity without it amounting to statutory rape. A teen may be exempt from prosecution if the activity occurred between a minor 13 or older and someone less than four years older than them.
- You are married to the accuser.
Other common defense strategies include filing motions to exclude evidence seized in an unlawful search or undergoing police questioning in violation of your Miranda rights.
If you’ve been charged with statutory rape in Philadelphia, you need an experienced criminal defense attorney to protect your reputation, freedom, and future. Contact The Zeiger Firm today for a free, confidential consultation with a trusted statutory rape lawyer.
